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Buachaill, Lawyer

Category: Republic of Ireland Law

Satisfied Customers: 8613

Experience: Barrister 17 years experience

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I have been summons to court for a speeding offence which occurred

Resolved Question:

I have been summons to court for a speeding offence which occurred in Jan. At the time I was stopped by the Guards and informed that I was speeding, the guard informed me of the speed I was doing and told me that I would receive a fixed penalty notice. Some time passed and I never received the penalty notice.

I now have the summons notice which gives specifies a location where the alleged offence happened and states I drove a mechanically propelled vehicle , registered under my registration at a speed which exceeded the special speed limit of 100 KPH as specified in the said special speed limit bye lays made by the appropriate council.

At the time that I was caught speeding I had been caught speeding once previously in the ROI and once before in GB. The previous time in ROI I received the penalty notice and paid the fine.

I’m a UK citizen living and working in Ireland and currently driving a car registered in Great Britain on an English driving licence. My reason for coming to Ireland was for a 1 year contract, which has since been extended. My intention to stay in Ireland was unclear and I have not registered my car in Ireland as yet.

I don’t contest that I wasn’t speeding, however I now don’t remember how much I was exceeding the speed limit by. Should this not be stated on the summons?

Will I be informed of the speed I was travelling at before I plead guilty or not guilty?

Will I be questioned regarding my residence in Ireland and why I have not made an attempt to register my car in Ireland?

The only paperwork Im required to bring is my driving licence and a photocopy of said driving license – would it be wise to take any other documentation when with me?

Given the above circumstances would it be advisable to take a legal representative with me?

1. At the outset, there is no legal requirement that a Summons specify the exact speed at which you were travelling merely the fact that you were exceeding the speed limit on the occasion the offence occurred. However, when the matter is litigated in court, the Garda prosecuting the charge will have to give evidence as to what the recorded speed actually was. The Garda will have to give evidence of how he recorded your speed as well. Secondly, there will be no evidence, nor will any attention be drawn to whether you have made any attempt to register the car in Ireland. Thsi is not relevant to the case. Additionally, as Ireland & the UK have a free movement & free residency between them, there will be no evidence as to where you are resident or not. These matters will not be raised. The only items required are your driving licence and your id.

Buachaill :

2. The issue of whether to take a solicitor or legal representative with you depends on whether it represents value for money. As a general rule a District Court judge will impose a lesser fine where a solicitor appears than if the person appears on their own. There is a form of discount for members of the legal profession. Be aware that if you are convicted an issue will arise as to what previous offences you have had. Here, only the offence in Ireland will be cited. This is the area in which having a solicitor may help. Additionally, if you want to know the speed you were travelling your solicitor will be able to get this off the Garda in advance of the hearing, as Gardai tend to be on friendly terms with the local solicitors.

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